Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
the owner being put off with a rent-charge. The worst proposals of this
measure, however, were those relating to improvements made by tenants,
exempted from rent, we have seen, by the Act of 1881. The Courts of
Justice in Ireland had rightly declared with one voice, that improvements
of this kind were not to be discharged from rent, unless they were the
improvements treated by the Act of 1870, that is, rents might be charged
on tenants' improvements, if these did not fall within the definition laid
down by that law, or if they were outside the limitations it had imposed,
in order to shut out obsolete and unjust claims, which might harass and do
grievous wrong to landlords. All this was completely changed by the new
measure; the definition of improvements was wholly altered, in order to
secure their being exempted from rent; the restrictions in point of time,
and many other matters, as regards claims for improvements, were largely
swept away, and the power of 'contracting out' of such claims was still
further abridged. The whole law, in a word, as to tenants' improvements,
as these were to create exemption from rent, was placed on altogether a
new basis; this was detrimental in every respect to the landlord, and gave
advantages to the tenant, in my judgment, utterly unjust.[86]
The Bill contained other provisions, all in the same direction, that is,
for the advantage of the Irish tenant, and to his landlord's loss,
especially one relaxing the law as to the subdivision and subletting of
farms, an inveterate and very pernicious practice. It introduced, also, a
new principle, on which I shall say some words afterwards, with respect to
another experiment on the Irish land, that is, what is called Land
Purchase, under conditions, not thought of before, until they were laid
down by a Conservative Government. The measure was hustled through the
House of Commons with such indecorous haste, that Sir Edward Carson, now a
law-officer of the Crown, walked out of that Assembly to express his
disgust; it narrowly escaped defeat in the House of Lords, loyal as the
Peers to Lord Salisbury are; indeed, though hardly debated, its vices were
soon made manifest. It is unnecessary to point out what the general
character of the Act is; it enlarged very considerably the sphere of the
'Three F's,' greatly increasing the wrong done to the Irish landlord, by
doing away with the restrictions, placed by Mr. Gladstone, in 1870, on
illegitimate claims in respect of improvements; its direct tendency was to
reduce rents wholesale, and to promote more litigation between landlord
and tenant; and if it encouraged tenants to make improvements on their
farms, its plain effect, I will not say its purpose, was to 'improve the
Irish landlords out of their estates,' the contemptuous phrase of a great
master of Equity. Its mischief, however, went a great deal further;
tenants making improvements are only exempted from rent, in respect of
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